The plaintiff brought an action in the district court on a promissory note made by the defendants to Perma-Wall, Inc. and transferred by it to the plaintiff for value before maturity. The note was originally given to Perma-Wall, Inc., in payment for certain work to be performed for the defendants. The note reads as follows:

"NOTE

$741.96 Roebling N.J. Dec. 28, 1951

(Total of Note) (City) (State) (Date)

UNDERSIGNED PROMISES TO PAY TO THE ORDER OF PERMA-WALL, INC.

(Name of Dealer)

SEVEN HUNDRED FORTY-ONE and 96/100 DOLLARS

(Total Amount of Note)

in 12 equal and consecutive monthly instalments of $61.83 Each, the first payable on the 11th day of Feb. 1952, and subsequent instalments on the same day of each month thereafter until paid in full, with interest from maturity at the highest lawful rate. If any instalment of this note is not paid when due the entire unpaid amount hereof shall immediately become due and payable, together with 15% of the amount unpaid hereon, for collection and attorney fees, and if admitted by law, undersigned jointly and severally authorize any attorney at law to appear in any court of record in the United States for the undersigned, and confess judgment for such amount as may appear to be unpaid hereon at maturity, together with interest and 15 per cent of the amount appearing unpaid hereon for collection and attorney's fees, in favor of the holder hereof, and undersigned waives the issue of process, and all right of appeal. "Late charges" (5c. per $1, maximum $5) are payable on any instalment more than 15 days in arrears. The makers, endorsers, and all parties to this note waive presentment and demand, notice of demand, protest, non-payment or dishonor, and notice of the sale of any collateral

security and hereby authorize holders, without notice to grant in whole or in part, extensions in the time of payment and guaranteed payment notwithstanding such ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.